District of New Mexico
Press releases recorded for this federal judicial district.
New Mexico State Police Officer Arrested for Possession and Transportation of Child PornographyRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Sammy Allen Clouthier, 44, of Carlsbad, made an initial appearance in federal court on a criminal complaint charging him with possession of child pornography and transportation of child pornography.
According to the criminal complaint, on April 18, 2023, the FBI was made aware of a tip provided to the National Center for Missing and Exploited Children (NCMEC) on Dec. 29, 2022, by cloud service provider Synchronoss Technologies, Inc. Synchronoss provides content storage for the wireless communication service provider Verizon. Synchronoss reported images depicting apparent child sexual abuse material (CSAM) were uploaded to an account associated with Clouthier’s phone number and device. Follow-up investigation revealed that Clouthier, a sergeant in the New Mexico State Police, downloaded, possessed, and transported child pornography using his cellular devices.
A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Clothier faces a mandatory minimum of 5 years up to 20 years in prison.
This case was investigated by the Albuquerque Division Child Exploitation and Human Trafficking Task Force of the Federal Bureau Investigation. Assistant United States Attorney Eliot Neal is prosecuting the case.
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23-160
Church Rock Man Arrested for Firearms Offenses in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Elijah I. Touchine, 23, of Church Rock, and an enrolled member of the Navajo Nation, made an initial appearance in federal court on a criminal complaint charging him with assault with a dangerous weapon with intent to do bodily harm and use of a firearm during a crime of violence.
According to the criminal complaint, early in the morning on July 22, the Navajo Police Department (NPD) received a report that a man identified as Touchine was walking around the area near his residence shooting a gun and threatening to hurt someone. Officers from the NPD and New Mexico State Police responded to the area and came under fire from an unknown direction and an unknown assailant and took tactical action to protect themselves and each other from the incoming fire.
Officers pursued the shooter on foot up into a canyon, but due to the dark conditions, they were unable to identify where the shooter was firing from. After about twelve hours, officers discontinued the search for the shooter.
The following day, July 22, the FBI received information about Touchine’s whereabouts and located him at a local gun store in Gallup, NM with the assistance of the Gallup Police Department. Touchine was taken into custody without incident and it was determined that he had forced, through threats of violence, his grandmother to purchase a gun for him. When asked why he was purchasing a gun, Touchine replied “I don’t know, shoot up any cop I see.”
A black handgun was located in the vehicle Touchine arrived at the location in.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Touchine faces a maximum sentence of up to life in prison.
This case was investigated by the Gallup Resident Agency of the Federal Bureau Investigation with assistance from the Navajo Police Department, New Mexico State Police and Gallup Police Department. Assistant United States Attorney Nicholas Marshall is prosecuting the case.
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23-159
Los Lunas Man Sentenced to 2 Years for Federal Gun ChargeRead the Press Release
ALBUQERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Diego Fernandez was sentenced to 28 months in prison. Fernandez, 24, of Los Lunas, pled guilty in federal court on March 7, 2022, to being a felon in possession of a firearm and ammunition.
Fernandez was indicted by a federal grand jury on July 15, 2021. According to the plea agreement and other court records, on April 7, 2021, when the New Mexico State Police (NMSP) attempted to execute a traffic stop, Fernandez fled, driving recklessly and towards oncoming traffic. NMSP canceled the pursuit for safety reasons when Fernandez entered a residential neighborhood but continued to monitor his location from a helicopter. When Fernandez parked, officers from NMSP approached him again and were able to apprehend him after a short foot chase.
At the time of his arrest, Fernandez possessed a loaded firearm. As a convicted felon, Fernandez could not legally possess a firearm or ammunition.
Upon his release from prison, Fernandez will be subject to 3 years of supervised release.
The FBI’s Albuquerque Violent Crime and Gang Task Force (VCGTF) investigated this case with assistance from the New Mexico State Police. Assistant U.S. Attorney Samuel A. Hurtado is prosecuting the case.
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23-158
Navajo Man Pleads Guilty to Abusive Sexual ContactRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Leonard Yazzie, 41, of Pine Hill, New Mexico, and an enrolled member of the Navajo Nation, pled guilty in federal court today to abusive sexual contact. Yazzie will remain in custody pending sentencing, which has not been scheduled.
A federal grand jury indicted Yazzie on March 23, 2022. According to court documents, on March 28, 2016, and March 27, 2017, Yazzie engaged in a sexual act with a victim, a child who had not attained the age of 12 years.
At sentencing, Yazzie faces 6 and a half years in prison.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Ramah Navajo Police Department. Special Assistant United States Attorney Caitlin L. Dillon is prosecuting the case.
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23-157
Los Lunas Man Sentenced to 2 Years for Federal Gun ChargeRead the Press Release
ALBUQERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Diego Fernandez was sentenced to 28 months in prison. Fernandez, 24, of Los Lunas, pled guilty in federal court on March 7, 2022, to being a felon in possession of a firearm and ammunition.
Fernandez was indicted by a federal grand jury on July 15, 2021. According to the plea agreement and other court records, on April 7, 2021, when the New Mexico State Police (NMSP) attempted to execute a traffic stop, Fernandez fled, driving recklessly and towards oncoming traffic. NMSP canceled the pursuit for safety reasons when Fernandez entered a residential neighborhood but continued to monitor his location from a helicopter. When Fernandez parked, officers from NMSP approached him again and were able to apprehend him after a short foot chase.
At the time of his arrest, Fernandez possessed a loaded firearm. As a convicted felon, Fernandez could not legally possess a firearm or ammunition.
Upon his release from prison, Fernandez will be subject to 3 years of supervised release.
The FBI’s Albuquerque Violent Crime and Gang Task Force (VCGTF) investigated this case with assistance from the New Mexico State Police. Assistant U.S. Attorney Samuel A. Hurtado is prosecuting the case.
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23-157
El Prado Man Pleads Guilty to Charges in Wire Fraud and Money Laundering SchemeRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, the Department of the Interior (DOI) Office of Inspector General, and the Environmental Protection Agency (EPA) Office of Inspector General announced today that Jeffrey Ham pled guilty to conspiracy to commit wire fraud. Ham, 46, of El Prado, NM, will remain on conditions of release pending sentencing, which has not been scheduled.
According to the plea agreement and court documents, Ham owned Timberline Environmental, LLC, an environmental restoration company. . Ham’s co-defendant James Matison, 57, of Boulder, CO, worked as a Program Director at WildEarth Guardians, a not-for-profit organization whose goal is to protect and restore wildlife, natural resources, and ecosystems of the American west. WildEarth Guardians relies on funding primarily through grants that it receives either directly from federal agencies, such as the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Interior (DOI), or indirectly via the State of New Mexico or other not-for-profit organizations. Between February 2015 and April 2019, Ham conspired with Matison to inflate hours billed to WildEarth Guardians by Timberline Environmental, LLC and to pass the excess funds to Matison. All told, Matison and Ham diverted more than $240,000 from WildEarth Guardians.
At sentencing, Ham faces up to 20 years in prison.
The Environmental Protection Agency Office of Inspector General and the Department of the Interior Office of Inspector General investigated this case which is being prosecuted by Assistant United States Attorney Jeremy Peña.
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23-156
Man Sentenced to 21 months in Prison for Committing Perjury in His Federal Trial by Lying About His Sexual DysfunctionRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that John Dompierre, 60, of Avondale, Arizona was sentenced to twenty-one months in federal prison for committing perjury in his Federal Criminal Trial.
A federal grand jury indicted Dompierre with Conspiracy and Transportation for Illegal Sexual Activity on September 10, 2020. On November 3 and 4, 2021, Dompierre testified in his own defense during a trial in Federal District Court in Santa Fe, New Mexico. Subsequently, the United States obtained Dompierre’s comprehensive medical records, the content of which unequivocally refuted Dompierre’s own testimony at trial. Dompierre pleaded guilty to Perjury on March 28, 2022.
In addition to the twenty-one-month prison sentence, Dompierre was fined $2,400 and will be on supervised release for three years following his release from the Bureau of Prisons.
The Federal Bureau of Investigation investigated this case with substantial assistance from the Bernalillo County Sheriff’s Office and the Albuquerque Police Department. Assistant United States Attorneys Letitia Carroll Simms and Thomas Outler prosecuted the case.
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23-154
Albuquerque Man Sentenced to 2 Years in Prison for 5 Bank RobberiesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigations’ Albuquerque Field Office, announced that Jason Smeltzer was sentenced to 27 months in prison. Smeltzer, 41, of Albuquerque, pled guilty to 5 counts of bank robbery on March 22, 2023.
According to court documents, between Jan. 20 and Feb. 23 of 2022, Smeltzer robbed four Albuquerque banks, one of which he robbed twice. On Jan. 21, the FBI received a tip through the National Threat Operation Center identifying Smeltzer as a possible suspect. Following the fifth robbery on Feb. 23, Robbery Detectives from the Albuquerque Police Department initiated surveillance on Smeltzer’s residence and observed Smeltzer wearing clothes consistent with the description given to them by a teller at the bank. When Smeltzer left his residence, APD Detectives initiated a traffic stop and Smeltzer was taken into custody.
Upon his release from prison, Smeltzer will be subject to 3 years supervised release.
The Federal Bureau of Investigations Albuquerque Violent Crimes and Gangs Task Force investigated this case. Assistant United States Attorney Matthew Nelson is prosecuting the case.
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23-155
Tohatchi Man Pleads Guilty to Involuntary Manslaughter in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Donavan Henry pled guilty to involuntary manslaughter in Indian Country. Henry, 40, of Tohatchi, New Mexico, and an enrolled member of the Navajo Nation, will remain on conditions of release pending sentencing, which has not yet been scheduled. Henry’s conditions include a strict prohibition on drug and alcohol use, drug and alcohol testing, and substance-abuse treatment.
According to court documents, on November 2, 2022, Henry was driving east on Route 134 in Sheep Springs, New Mexico, with two passengers when he lost control of his vehicle. The vehicle went off the two-lane road and flipped when it hit a boulder. All three passengers were ejected from the vehicle. A Navajo Police officer arrived to find Henry underneath the vehicle and his passengers lying on the ground near the vehicle.
Henry was airlifted to San Juan Regional Medical Center. The passenger from the front seat, John Doe 1, who was also a member of the Navajo Nation, was placed in an ambulance bound for Northern Navajo Medical Center. The passenger from the back seat, John Doe 2, was placed in an ambulance going to Gallup Indian Medical Center. John Doe 1 died of his injuries while in the back of the ambulance before it left the scene. Henry’s blood-alcohol content, which was drawn at the hospital following the wreck, was .16.
At sentencing, Henry faces a statutory maximum of up to eight years in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and the New Mexico Office of the Medical Investigator. Assistant United States Attorney Zachary Jones is prosecuting the case.
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23-152
Three Men Pled Guilty to Federal Charges Involving Maintaining a Drug-Involved Premises at Motel in AlbuquerqueRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Gregory M. Millard, Special Agent in Charge for the DEA El Paso Division, announced today that Kamal Bhula, Pragneshkumar Patel and Johnathan Craft pled guilty to drug and firearms charges arising from a drug trafficking venture run out of a motel Albuquerque. Bhula and Craft will remain in custody pending sentencing, which has not been scheduled.
Kamal Bhula, 44, of Albuquerque, and Pragneshkumar “Pete” Patel, 36, of Montgomery, Alabama, pled guilty to one count each of maintaining a drug-involved premise. Jonathan Craft, 36, of Albuquerque, pled guilty to conspiracy and being a prohibited person in possession of a firearm or ammunition.
A federal grand jury indicted Bhula and Craft on June 20, 2019. Patel was indicted on November 5, 2019. According to court records, Patel owned the Best Choice Inn at 7640 Central Avenue SE and was the on-site manager from September 2017 to March 2018, when Bhula leased the property from Patel and took over as the on-site manager. Craft lived and worked at Best Choice Inn, claiming to be in charge when Bhula was away. Craft sold drugs from his room, permitted others to do the same, and permitted individuals to use drugs on the premises. Craft also unlawfully possessed a firearm. Bhula and Patel allowed drug trafficking at the motel and personally observed and profited from those who used controlled substances on the premises.
At sentencing, Bhula, Craft and Patel each face up to 20 years in prison.
The Drug Enforcement Administration investigated this case with assistance from the New Mexico Attorney General’s Office, the Albuquerque Police Department, the Federal Bureau of Investigation, Homeland Security Investigations, the U.S. Marshals Service, the Bernalillo County Sheriff’s Office and New Mexico State Police. Assistant United States Attorneys Letitia Carroll Simms and Jack E. Burkhead are prosecuting the case.
Recidivist Sex Offender Sentenced to Time Served After Pleading Guilty to Possession Child Pornography in Two Separate CasesRead the Press Release
ALBUQERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico announced today that Thomas Crosby was sentenced to 5 days in prison or time served. Crosby, 29, of Irwin, Pennsylvania, pled guilty in federal court to the possession of visual depictions of minors engaging in sexually explicit conduct in two separate cases on Sept. 14, 2022.
According to the plea agreement and other court records, on June 20, 2018, PayPal reported seven accounts potentially selling child pornography and numerous accounts purchasing content from the noted sellers. One such buyer was identified as Crosby. PayPal identified various IP addresses utilized by Crosby and provided them to the FBI. Special Agents from the FBI checked the IP addresses in the Internet Crimes Against Children (ICAC) database and were able to determine that they were actively downloading child pornography on the BitTorrent network around the same dates Crosby logged into PayPal.
At the time of the offense, Crosby was a member of the United States Air Force assigned to Cannon Air Force Base near Clovis, NM. On November 14, 2018, law enforcement agents executed a search warrant on Crosby’s address in Clovis. Crosby was subsequently interviewed by agents of the Air Force Office of Special Investigations and the FBI and admitted to downloading child pornography via BitTorrent. Crosby was administratively discharged from the Air Force as a result and returned to the Pittsburgh area in the Western District of Pennsylvania.
Crosby was indicted by a federal grand jury in the District of New Mexico on Sept. 23, 2020. After Crosby was indicted in the District of New Mexico in September 2020 for possessing child pornography, the FBI executed an arrest warrant near Monroeville, Pennsylvania. At the time of his arrest, Crosby admitted to continuing to view child pornography after leaving New Mexico despite law enforcement intervention. A search of Crosby’s phone uncovered additional items of child pornography. As a result, Crosby was federally indicted on Feb. 1, 2022, in the Western District of Pennsylvania for the additional child pornography offenses.
On Sept. 19, 2022, after the Pennsylvania case was transferred to New Mexico, Crosby pled guilty in federal court to the possession of visual depictions of minors engaging in sexually explicit conduct in both cases. The United States Sentencing Guideline range for Crosby’s offense was 78-97 months in prison, supervised release for 5 years to life, and a requirement to register as a sex offender upon his release from prison.
On July 13, 2023, Crosby appeared in District Court for sentencing in both cases. The United States recommended that he receive a sentence of 78-months incarceration. Crosby was sentenced to time served, or 5 days in prison, 15 years of supervised release, and ordered to pay restitution in the amount of $12,000. One of the conditions of Crosby’s supervised release is that he be on GPS monitoring with home detention, which allows him to leave his residence for work, appointments, and with the express permission of his Probation Officer for five years. He will also be required to register as a sex offender.
The New Mexico case was investigated by the Las Cruces Resident Agency of the Federal Bureau of Investigations and the Air Force Office of Special Investigations with assistance from the New Mexico Regional Computer Forensics Laboratory.
Santa Fe Man Pleads Guilty to Firearms OffenseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Gilbert Michael Coriz pled guilty to being a felon in possession of firearms and ammunition. Coriz, 37, of Santa Fe, will remain in custody pending sentencing, which has not been scheduled.
A federal grand jury indicted Coriz on Dec. 8, 2021. According to court records, on Jan. 1, 2021, officers from the Santa Fe Police Department responded to a report of shots fired at a residence on Camino Capitan. After obtaining a search warrant, officers cleared and searched the residence and found Coriz allegedly hiding in a water heater closet in the garage. Officers also found two firearms and various types of ammunition.
Coriz was previously convicted of aggravated battery, felon in possession of a firearm, tampering with evidence, possession of a controlled substance and residential burglary. As a previously convicted felon, Coriz cannot legally possess firearms or ammunition.
At sentencing, Coriz faces up to ten years on prison.
The Santa Fe Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Santa Fe Police Department. Assistant United States Attorney Samuel A. Hurtado is prosecuting the case.
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Albuquerque Man Sentenced to 6 Years in Prison for 9 Bank RobberiesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Evan Lemmon was sentenced to 80 months in prison and order to pay $24,875 in restitution. Lemmon, 29, of Albuquerque, pled guilty to nine counts of bank robbery on February 9, 2023.
According to court records, over a five-month period from Sept. 28, 2021, to March 7, 2022, Lemmon committed a spree of nine bank robberies in Albuquerque, each following a similar pattern. Each time, Lemmon would enter the banks wearing a cap, face covering, and a glove on his right hand and pass a similar note to a teller. After the tellers complied, Lemmon would flee on foot to a car parked nearby and leave the scene.
After the eighth robbery, the FBI located one of the cars Lemmon fled in with the assistance of APD’s Investigative Support Unit. The FBI tracked the vehicle and subsequently located it leaving the scene on the ninth robbery. At that time, the FBI executed a search warrant on Lemmon’s residence and recovered caps and items of clothing consistent with the robberies, a piece of paper believed to be a draft note that stated “I HAVE A GUN GIVE M,” and U.S. currency.
Upon his release from prison, Lemmon will be subject to 3 years of supervised release.
The FBI’s Albuquerque Violent Crime and Gang Task Force and the Albuquerque Police Department’s Investigate Support Unit (ISU) investigated this case. Assistant United States Attorney Jaymie L. Roybal is prosecuting the case.
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23-149
Previously Convicted Felon Sentenced to 9 Years in Prison for Federal Drug Trafficking, Firearms OffensesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Brendan Iber, Special Agent in Charge of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, announced today that Gabriel Villasenor was sentenced to a term of 115 months in prison. Villasenor, 29, pled guilty on Sept. 2, 2022, to conspiracy to distribute methamphetamine and being a felon in possession of a firearm and ammunition.
According to court documents, in May of 2021, Villasenor drove his co-defendant, Gabriel Blea, to a meeting which Blea had set up in exchange for payment. With Villasenor’s knowledge, Blea had set up a deal to trade approximately half a pound of methamphetamine for five firearms. Unbeknownst to Villasenor or Blea, the other parties in the transaction were undercover agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives. Blea arrived at the meeting location with the methamphetamine in a backpack and a loaded .45 caliber pistol in his waistband. Agents took Blea into custody at the scene, but Villasenor attempted to flee on foot before he was apprehended.
Villasenor was previously convicted of unlawful possession of a handgun by a person, resisting/evading/obstructing an officer, receiving or transferring a stolen vehicle, possession of methamphetamine, attempt to commit a felony, to wit: felon in possession of a firearm, trafficking by possession with intent to distribute, and possession of a controlled substance. Villasenor was on state probation at the time of these events.
Blea pled guilty to conspiracy to distribute methamphetamine, being in possession with intent to distribute 50 grams and more of methamphetamine and possessing a firearm in furtherance of a drug trafficking crime on July 13, 2022. On Dec. 9, 2022, Blea was sentenced to 15 years in prison followed by 5 years of supervised release.
Upon his release from prison, Villasenor will be subject to 4 years of supervised release.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Jaymie L. Roybal prosecuted the case.
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23-148
Federal Jury Convicts Santa Clara Man on Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Francisco B. Burrola, Special Agent in Charge of Homeland Security Investigations (HSI) El Paso, announced today that a federal jury returned a guilty verdict against Michael Rivera after less than 2 hours of deliberation. The jury convicted Rivera, 31, of Santa Clara, New Mexico, on one count of coercion and enticement of a minor and two counts of production of a visual depiction of a minor engaging in sexually explicit conduct. United States District Judge Margaret I. Strickland presided.
A federal grand jury indicted Rivera on Sept. 21, 2022. According to the evidence at trial and other publicly available court records, in 2020, Rivera befriended a minor identified as Jane Doe. Doe and Rivera became close. One day in March of 2021, when Doe was 12 years old, Rivera stopped at a convenience store and bought alcohol for both of them. He then drove to a secluded area of town and parked the car. Rivera then initiated sexual intercourse with Doe in the car. Afterward, Rivera told Doe that she could not tell anyone because he could get in trouble.
Following the incident, Rivera maintained contact with Doe by phone. Later that same year, Rivera began requesting that Doe send him naked photos and videos of herself via text message. Rivera received a number of items of child sexual abuse material from Doe.
“HSI is committed to combatting the global fight against child exploitation. HSI El Paso’s efforts are focused on protecting our children and holding the offenders of such heinous acts accountable,” said Francisco B. Burrola, special agent in charge of HSI El Paso. “Innocent children are irreparably harmed in the production of child pornography, and individuals who distribute such revolting material continue to victimize them. HSI works to identify, rescue, and provide services to children who have been subjected to sexual abuse and online exploitation and ultimately ensure those responsible are placed behind bars where they should remain.”
“Rivera exploited the vulnerability of a child less than half his age,” said U.S. Attorney Alexander M.M. Uballez. “Alongside our local partners, the United States will vigorously protect our community from such predators.”
Rivera faces a mandatory minimum of 10 years and up to life in prison for one count of coercion and enticement and a mandatory minimum of 15 years and up to 30 years in prison for each count of production of child pornography. Upon his release from prison, Rivera would be subject to registration as a sex offender.
Homeland Security Investigations investigated this case with the assistance of the Grant County Sheriff’s Office and the Las Cruces Police Department. Assistant United States Attorneys Marisa A. Ong and Eliot Neal are prosecuting the case.
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23-146
Barrio Azteca Gang Member Sentenced to 10 Years in Prison for Holding Migrants HostageRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Francisco B. Burrola, Special Agent in Charge of Homeland Security Investigations (HSI) El Paso, announced today that Alfredo Ochoa-Munoz was sentenced to 120 months years in prison. Ochoa-Munoz, 37, of Cuidad Juarez, Chihuahua, Mexico, pled guilty to conspiracy to take a hostage and three counts of hostage taking on Jan. 10, 2023.
According to court records, between Feb. 5 and Feb. 17 of 2022, three migrants were picked up after crossing illegally into the United States and dropped off at two trailers in Vado, New Mexico that were rented by Ricardo Barrientos-Noriega. En route, the driver took the migrants’ phones and transferred them to Ochoa-Munoz when they arrived at the trailers. Ochoa-Munoz, Barrientos-Noriega, and a third co-defendant, Luis Roberto Arturo Meza-Marin, informed the migrants that they were not allowed to leave the trailers until their families paid more money for their release. Ochoa-Munoz, at the order and direction of Barrio Azteca gang member, Eduardo Sarellano-Garcia, a.k.a. “Padrino,” contacted the migrants’ families and demanded payment for their release. The migrants were threatened with death, injury and continued detainment until such payments were received.
On Feb. 17, after Ochoa-Munoz and his co-defendants received full payments from the migrants’ families, the migrants were picked up by Michael Ryan Ratliff and told that they would be driven to their next destination. En route, the group encountered Border Patrol agents at the I-10 checkpoint located between Las Cruces and Deming, New Mexico. Based on their knowledge and experience, agents detained the group for questioning at which time the migrants admitted to being in the United States illegally and had been held against their will at the location at which they were harbored. Ratliff was arrested at the checkpoint. During subsequent interviews, the three migrants were able to provide agents with the location of the trailers they had been held in. Agents went to the trailers where they encountered and arrested Ochoa-Munoz, Meza-Marin and Barrientos-Noriega.
Ochoa-Munoz, Sarellano-Garcia, Meza-Marin, Barrientos-Noriega and Ratliff, were indicted by a federal grand jury on May 19, 2022. Meza-Marin, 33, of Chihuahua, Mexico, pled guilty to conspiracy to take a hostage and three counts of hostage taking on June 16, 2022, and will remain in custody pending sentencing, which has not been scheduled. Barrientos-Noriega, 24, of Torreon, Mexico, pled guilty to conspiracy to take a hostage and three counts of hostage taking on Sept. 29, 2022, and will remain in custody pending sentencing, which has not been scheduled. Ratliff, 33, of Corinth, Texas, pled guilty to conspiracy to transport illegal aliens and three counts of transporting illegal aliens on June 9, 2022, and was sentenced to 12 months in prison or time served, whichever was longer, and three years of supervised probation.
Homeland Security Investigations investigated this case with assistance from U.S. Border Patrol. Assistant United States Attorneys Matthew Ramirez is prosecuting the case.
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23-147
Two Navajo Men Charged with Carjacking Resulting in Serious Bodily InjuryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Brian Levi and Daryl Levi were arraigned on an indictment charging them with carjacking resulting in serious bodily injury. Brian, 37, of Shiprock, and his brother, Daryl, 40, of Shiprock, enrolled members of the Navajo Nation, will both remain in custody pending trial, which has not been scheduled.
A federal grand jury indicted the Levi brothers on Nov. 23, 2022. According to the indictment and other court records, on May 17, 2020, the victim, John Doe, was parked in his car at the Gulf Gas Station in Shiprock when Brian and Daryl attacked Doe through the car window and removed him from the car before one of them got into the driver’s seat and drove away. Doe suffered serious bodily injury including a stab wound.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, both brothers face up to 25 years in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department. Assistant United States Attorney Alexander F. Flores is prosecuting the case.
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23-145
Los Lunas Man Sentenced to 9 Years in Prison for Firearms and Drug OffensesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Russell Wheeler was sentenced to 110 months in prison followed by 3 years of supervised release. Wheeler, 51, of Los Lunas, New Mexico, pled guilty to two counts of being a felon in possession of a firearm and ammunition and one count of attempt to manufacture methamphetamine on May 26, 2022.
According to court records, on May 22, 2021, following an argument, Wheeler shot a man in the head, at close range, with a revolver before fleeing the scene on foot. The victim was taken to an urgent care clinic and later to the University of New Mexico Hospital for treatment. He survived his injuries and Wheeler was identified as the shooter by a witness. Wheeler was convicted of possession of a controlled substance in 2005 and aggravated fleeing from law enforcement in 2007, both felonies. As a previously convicted felon, Wheeler cannot legally possess firearms or ammunition.
Following the incident, the FBI sought and executed a search warrant on Wheeler’s home. Inside, the FBI recovered two firearms - a 12-gauge shotgun and a black semi-automatic pistol -and ammunition and discovered an active methamphetamine lab in the bathroom of the residence. Wheeler admitted that he was in the process of cooking methamphetamine when agents knocked on his door and he had flushed much of what he was making down the toilet.
The FBI Violent Crime Task Force investigated this case with assistance from the Valencia County Sheriff’s Office and New Mexico State Police. Assistant United States Attorney Jaymie L. Roybal is prosecuting the case.
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23-144
Former Ohkay Owingeh Police Department Officer Charged with Obstruction of JusticeRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Justin Aquino made an initial appearance in federal court on an indictment charging him with obstruction of justice and making false statements. Aquino, 28, of Ohkay Owingeh, will remain on conditions of release pending trial.
According to the indictment, on Feb. 26, 2020, Aquino allegedly used his position as an officer with the Ohkay Owingeh Police Department to impede a federal grand jury investigation by disclosing information about an ongoing investigation being conducted by Homeland Security Investigations and the Drug Enforcement Administration to an individual outside of the investigation. Then, on May 24, 2022, while working for the Pojoaque Police Department, Aquino was confronted by special agents from the FBI and Aquino falsely stated that he had not disclosed information to anyone outside of the investigation
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Aquino faces a maximum sentence of 25 years in prison.
This case was investigated by the Santa Fe office of the Federal Bureau Investigation with assistance from Homeland Security Investigations, the Drug Enforcement Administration, the Bureau of Indian Affairs and the Region III Drug Enforcement Task Force. Assistant United States Attorney Peter J. Eicker is prosecuting the case.
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23-143
Mescalero Man Charged with Sexual AbuseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Garrick Richard Shendo-Herrera made an initial appearance in federal court on a criminal complaint charging him with sexual abuse. Shendo-Herrera, 34, of Mescalero, will remain in custody pending trial.
According to the complaint, on May 16, 2023, the victim gave Shendo-Herrera a ride home from his workplace. After they arrived at Shendo-Herrera’s residence, Shendo-Herrera allegedly began sexually abusing the victim. Shendo-Herrera stopped assaulting the victim only when a third party interrupted the alleged assault, giving the victim a chance to escape.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Shendo-Herrera faces up to life in prison.
This case was investigated by the Las Cruces Resident Agency of the Federal Bureau Investigation with assistance from the Bureau of Indian Affairs. Assistant United States Attorney Eliot Neal is prosecuting the case.
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23-142
Two Las Cruces Men Sentenced for Firearms OffensesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Jeffrey C. Boshek II, Special Agent in Charge of the Dallas Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), announced today that Ruben Martha, 42, of Las Cruces, and Pablo Vargas, 52, of Las Cruces, were sentenced to 21 months and 60 months respectively for their parts in a neighbor dispute which resulted in approximately 39 rounds being fired and Martha, and another individual, being shot.
A federal grand jury indicted Vargas and Martha on April 20, 2022. According to court records, on April 17, 2021, Vargas was attending a party at his parent’s home on Nevada Street in Las Cruces, New Mexico. Martha, who lived down the street, was returning to his home along with his girlfriend and his adult daughter, who were in separate cars, and slowed down as they navigated their way through the busy street. An angry exchange occurred during which an object was thrown at Martha’s car and a can was thrown through the open window of the car Martha’s daughter was driving. The daughter was struck by the can and injured.
When Martha reached his home and observed what had happened, he ran back down the street towards the Vargas residence but retreated to his house when he saw Vargas and others outside the home. Shortly thereafter, another neighbor arrived on scene. The neighbor parked on the street where he observed a group with firearms walking towards him from the Vargas residence. Gunfire was exchanged and the neighbor was struck in the head by a bullet, however he managed to flee the scene. Martha retrieved a shotgun from a trashcan on his property as Vargas and at least one other individual fired toward Martha’s residence. Martha chambered a round of ammunition in the shotgun but was struck in the chest.
Though originally not expected to survive his injuries, the neighbor has since recovered. Martha also recovered from his injuries.
In 1997, Vargas was convicted of shooting at or from a motor vehicle. Martha was convicted in 2000 of aggravated assault with a deadly weapon and criminal damage to property, and in 2007 of shooting at a dwelling, aggravated assault with a deadly weapon, and felon in possession. As previously convicted felons, neither Vargas nor Martha can legally possess firearms or ammunition.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Las Cruces Police Department. Assistant United States Attorneys Maria Armijo and Christopher McNair are prosecuting the case.
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23-139
Navajo Woman Pleads Guilty to Involuntary Manslaughter in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Mariah Chapo pled guilty to involuntary manslaughter. Chapo, 26, an enrolled member of Navajo Nation, will remain in custody pending sentencing
According to court records, on the night of February 11, 2022, Chapo was driving her vehicle at a high rate of speed while intoxicated with her eight-month-old son unsecured in the backseat. Chapo failed to assess a lazy turn and rolled the vehicle she was driving up a dirt embankment. Her son was ejected from the vehicle through an open window and died at the scene. Chapo’s blood alcohol content registered at .12 and .11 and first responders found an empty 375-milliliter bottle of Importers Vodka in the vehicle.
At sentencing, Chapo faces up to eight years in prison.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department. Assistant United States Attorney Matthew J. McGinley is prosecuting the case.
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23-140
Former Santa Fe Priest Indicted on Sexual Exploitation OffenseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Daniel Balizan was arrested on criminal charges of coercion and enticement of a minor, related to his alleged persuasion, inducement, enticement, or coercion of a child under the age of 18 years of age to engage in sexual activity.
According to court documents, Balizan, 61, of Springer, a former priest at Santa Maria de la Paz Catholic Church in Santa Fe, New Mexico and St. Patrick’s-St. Joseph’s Catholic Church in Raton, New Mexico, allegedly used text messages to coerce and entice a minor victim, identified as John Doe in court documents, to engage in sexual activity with him.
“Abusing children under the veil of religious authority is an attack on the faith itself,” said U.S. Attorney Alexander M.M. Uballez. “I am humbled by the bravery of John Doe. With our partners, we will vigorously pursue justice for him and all of our children.”
“We have and will continue to do everything we possibly can to protect our children from predators who seek to do them harm by abusing their inherent positions of trust.” said Raul Bujanda, FBI Special Agent in Charge.
If convicted, Balizan faces a minimum of 10 years and up to life in prison.
The Santa Fe Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Santa Fe County Sheriff’s Office and the New Mexico Regional Computer Forensic Laboratory.
Assistant U.S. Attorney Jaymie L. Roybal is prosecuting the case.
Balizan is being prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Justice Department to combat the epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Starting today, information about the federal prosecution of Balizan, including the indictment, will be available at https://www.justice.gov/usao-nm/priest-prosecution. Also starting today, individuals may provide any information related to Balizan’s contact with minors by calling the FBI at 1-800-CALL-FBI or submitting a tip online at tips.fbi.gov.
Below is a timeline of Balizan’s assignments from 1989 to 2022:
FBIAn indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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23-141
Justice Department Launches Missing or Murdered Indigenous Persons Regional Outreach ProgramRead the Press Release
ALBUQUERQUE, N.M. – Today, during the Not Invisible Act Commission’s public hearing hosted in Albuquerque, New Mexico, Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and the Department of Justice announced the creation of the Missing or Murdered Indigenous Persons (MMIP) Regional Outreach Program, which permanently places 10 attorneys and coordinators in five designated regions across the United States to aid in the prevention and response to missing or murdered Indigenous people. The District of New Mexico will receive one of five dedicated MMIP Assistant U.S. Attorneys which will provide specialized support to the New Mexico, Colorado, Utah, Nevada and Arizona.
“This new program mobilizes the Justice Department’s resources to combat the crisis of Missing or Murdered Indigenous Persons, which has shattered the lives of victims, their families, and entire Tribal communities,” said Attorney General Merrick B. Garland. “The Justice Department will continue to accelerate our efforts, in partnership with Tribes, to keep their communities safe and pursue justice for American Indian and Alaska Native families.”
“These new positions represent the Justice Department’s continuing commitment to addressing the MMIP crisis with urgency and all of the tools at our disposal,” said Deputy Attorney General Lisa O. Monaco. “MMIP prosecutors and coordinators will work with partners across jurisdictions and alongside the Tribal communities who have been most devastated by this epidemic.”
“Together, we will meet the case of each missing and murdered indigenous person with urgency, transparency, and coordination,” said U.S. Attorney Alexander M.M. Uballez. “Everyone deserves to feel safe in their community and confident that law enforcement will be vigilant in the investigation of missing community members.”
The MMIP regional program prioritizes MMIP cases consistent with the Deputy Attorney General’s July 2022 directive to United States Attorneys’ offices promoting public safety in Indian country. The program fulfills the Justice Department’s promise to dedicate new personnel to MMIP consistent with Executive Order 14053, Improving Public Safety and Criminal Justice for Native Americans and Addressing the Crisis of Missing or Murdered Indigenous People, and the Department’s Federal Law Enforcement Strategy to Prevent and respond to Violence Against American Indians and Alaska Natives, Including to Address Missing or Murdered Indigenous Persons issued in July 2022.
The program will dedicate five MMIP Assistant U.S. Attorneys and five MMIP coordinators to provide specialized support to United States Attorneys’ offices to address and combat the issues of MMIP. This support includes assisting in the investigation of unresolved MMIP cases and related crimes, and promoting communication, coordination, and collaboration among federal, Tribal, local, and state law enforcement and non-governmental partners on MMIP issues. The five regions include the Northwest, Southwest, Great Plains, Great Lakes, and Southeast Regions, and MMIP personnel will be located within host United States Attorneys’ offices in the Districts of Alaska, Arizona, Eastern Washington, Minnesota, New Mexico, Northern Oklahoma, Oregon, South Dakota, and Western Michigan. Programmatic support will be provided by the MMIP Regional Outreach Program Coordinator at the Executive Office for United States Attorneys.
“The Executive Office for United States Attorneys and the United States Attorney community are committed to preventing and responding to cases of missing or murdered Indigenous people. To that end, we will work together with all relevant federal, Tribal, state and local law enforcement partners to locate missing persons and solve crimes where they have occurred,” said Executive Office for U.S. Attorneys (EOUSA) Director Monty Wilkinson. “This new program will allow the Department to build upon the work done by individual United States Attorneys’ offices and ensure continued support to those offices by coordinating outreach regionally on MMIP matters.
More broadly, this MMIP Program will complement the work of the Justice Department’s National Native American Outreach Services Liaison, who is helping amplify the voice of crime victims in Indian country and their families as they navigate the federal criminal justice system. Further, the MMIP Program will liaise with and enhance the work of the Department’s Tribal Liaisons and Indian Country Assistant United States Attorneys throughout Indian Country, the Native American Issues Coordinator, and the National Indian Country Training Initiative Coordinator to ensure a comprehensive response to MMIP.
Tessa M. DuBerryU.S. Attorney Alexander M.M. Uballez announcing the MMIP Regional Outreach Program during opening remarks at the Not Invisible Act Commission hearing on June 28, 2023. U.S. Attorney Uballez is joined by Heidi Todacheene, Senior Advisor to the Secretary (left) and Elizabeth Hidalgo Reese, White House Senior Policy Advisor for Native Affairs (right).
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23-138
Moriarty Man Sentenced for Scheme to Defraud the United StatesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Milton Boutte was sentenced to two years in prison and ordered to pay $1,210,000 in restitution. A federal jury convicted Boutte, 77, of Moriarty, New Mexico, of conspiracy to defraud the United States and conspiracy to commit wire fraud on June 27, 2022.
Beginning in 2004, Boutte, who was then the Director of the Big Crow Program Office at Kirtland Air Force Base, conspired with others to pay lobbyists, consultants and contractors with funds fraudulently obtained from the United States. Boutte conspired with George Lowe, a lobbyist, and Joe Diaz and Arturo Vargas, owners of Miratek and Vartek, two minority-owned small businesses that had sole-source contracts with the Big Crow Program Office. The conspirators disguised the nature of the claims for lobbying services provided by Lowe as well as other unauthorized subcontracts and expenditures. The Big Crow Program Office was not authorized to lobby or to expend appropriated funds for lobbying activities under the contracts.
Over the course of the conspiracy, Miratek and Vartek received approximately $8.4 million from the government. Of that amount, Boutte required those small businesses to pay nearly $4.1 million to lobbyists, consultants and contractors that Boutte had retained. Of that sum, Miratek and Vartek diverted more than $900,000 to Lowe, and another government contractor paid Lowe an additional $300,000.
Boutte and his co-conspirators were charged in a 46-count indictment on Nov. 28, 2017, with conspiracy to defraud the United States with respect to claims, conspiracy to commit wire fraud, fraud against the United States, and false, fictitious or fraudulent claims. Lowe, Diaz, and Vargas each pleaded guilty previously. The four conspirators were ordered to pay more than $1.2 million in restitution, with Vargas to contribute up to $398,027, Diaz to contribute up to $910,000, and Lowe and Boutte liable for the full amount.
“The United States Attorney's Office is committed to protecting the integrity of our federal agencies and your tax dollars,” said U.S. Attorney Alexander M.M. Uballez. “I want to thank the dedicated investigators and prosecutors who worked on this case. Their hard work and dedication led to these convictions and sentences."
“The sentencing should serve as a stark reminder that our agents, and those of our partner law enforcement agencies, are relentless in their pursuit of those who choose to defraud the government,” said Special Agent-in-Charge L. Scott Moreland, of the Department of the Department of the Army Criminal Investigation Division’s Major Procurement Fraud Field Office.
The case was investigated by the Department of the Army Criminal Investigation Division Major Procurement Fraud Field Office, Defense Criminal Investigations Services, Defense Contract Audit Agency – Investigative Support, U.S. Small Business Administration Office – Office of Inspector General, and General Services Administration – Office of Inspector General. Assistant U.S. Attorneys Timothy S. Vasquez and Jeremy Peña are prosecuting the case.
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23-134
Moriarty Man Sentenced for Scheme to Defraud the United StatesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Milton Boutte was sentenced to two years in prison and ordered to pay $1,210,000 in restitution. A federal jury convicted Boutte, 77, of Moriarty, New Mexico, of conspiracy to defraud the United States and conspiracy to commit wire fraud on June 27, 2022.
Beginning in 2004, Boutte, who was then the Director of the Big Crow Program Office at Kirtland Air Force Base, conspired with others to pay lobbyists, consultants and contractors with funds fraudulently obtained from the United States. Boutte conspired with George Lowe, a lobbyist, and Joe Diaz and Arturo Vargas, owners of Miratek and Vartek, two minority-owned small businesses that had sole-source contracts with the Big Crow Program Office. The conspirators disguised the nature of the claims for lobbying services provided by Lowe as well as other unauthorized subcontracts and expenditures. The Big Crow Program Office was not authorized to lobby or to expend appropriated funds for lobbying activities under the contracts.
Over the course of the conspiracy, Miratek and Vartek received approximately $8.4 million from the government. Of that amount, Boutte required those small businesses to pay nearly $4.1 million to lobbyists, consultants and contractors that Boutte had retained. Of that sum, Miratek and Vartek diverted more than $900,000 to Lowe, and another government contractor paid Lowe an additional $300,000.
Boutte and his co-conspirators were charged in a 46-count indictment on Nov. 28, 2017, with conspiracy to defraud the United States with respect to claims, conspiracy to commit wire fraud, fraud against the United States, and false, fictitious or fraudulent claims. Lowe, Diaz, and Vargas each pleaded guilty previously. The four conspirators were ordered to pay more than $1.2 million in restitution, with Vargas to contribute up to $398,027, Diaz to contribute up to $910,000, and Lowe and Boutte liable for the full amount.
“The United States Attorney's Office is committed to protecting the integrity of our federal agencies and your tax dollars,” said U.S. Attorney Alexander M.M. Uballez. “I want to thank the dedicated investigators and prosecutors who worked on this case. Their hard work and dedication led to these convictions and sentences."
“The sentencing should serve as a stark reminder that our agents, and those of our partner law enforcement agencies, are relentless in their pursuit of those who choose to defraud the government,” said Special Agent-in-Charge L. Scott Moreland, of the Department of the Department of the Army Criminal Investigation Division’s Major Procurement Fraud Field Office.
The case was investigated by the Department of the Army Criminal Investigation Division Major Procurement Fraud Field Office, Defense Criminal Investigations Services, Defense Contract Audit Agency – Investigative Support, U.S. Small Business Administration Office – Office of Inspector General, and General Services Administration – Office of Inspector General. Assistant U.S. Attorneys Timothy S. Vasquez and Jeremy Peña are prosecuting the case.
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23-135
Mescalero Man Pleads Guilty to Assault on Federal OfficerRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Jeremy Daniel Dennis pled guilty to assault on a federal officer in Indian Country. Dennis, 43, of Mescalero, and an enrolled member of the Mescalero Apache Tribe, will remain in custody pending sentencing, which has not been scheduled.
According to court documents, on Dec. 25, 2022, Dennis assaulted a BIA Officer conducting a welfare check on him by hitting and kicking the officer, wrestling the officer to the ground, and rubbing pepper spray in the officer’s face. The incident occurred in Otero County, New Mexico, within the bounds of the Mescalero Apache Reservation.
At sentencing, Dennis faces up to 8 years in prison followed by 3 years of supervised release.
The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Bureau of Indian Affairs. Assistant United States Attorney Eliot Neal is prosecuting the case.
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23-136
Mescalero Man Pleads Guilty to AssaultRead the Press Release
of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Dennett Jerome Chee pled guilty to assault resulting in serious bodily injury in Indian Country. Chee, 37, of Mescalero. and an enrolled member of the Mescalero Apache Tribe, will remain in custody pending sentencing, which has not been scheduled.
A federal grand jury indicted Chee on Jan. 10. According to the indictment and other court records, in May of 2022, Chee assaulted a victim, identified as John Doe, in Otero County, New Mexico, on the Mescalero Apache reservation. The assault resulted in serious bodily injury to John Doe.
At sentencing, Chee faces up to 10 years in prison.
The FBI and the Bureau of Indian Affairs investigated this case. Assistant United States Attorney Eliot Neal is prosecuting the case.
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23-137
Readout from United States Attorney Alexander M.M. Uballez’s Violent Crime Listening Session with Community Leaders in the International DistrictRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, federal prosecutors, and other staff from the United States Attorney’s Office (USAO) met with representatives from organizations that serving Albuquerque’s International District (ID) last week at the International District Library to discuss violent crime. John Bulten, Co-Executive Director of East Central Ministries, Sachi Watase, Executive Director of the New Mexico Asian Family Center (NMAFC), Khadijah Asili Bottom, the founder of Vizionz-Sankofa, and Will Williams, a community coordinator from Vizionz-Sankofa, presented statements. This listening session focused on violent crime, community-based solutions, and the relationship between law enforcement and the community. This was the first of a series of listening sessions to be held throughout the Albuquerque this summer.
United States Attorney Uballez opened the session by asking how the Department of Justice could support the ID in confronting violence. Participants described the link between violence and fentanyl trafficking, use, and addiction, and the need for additional resources in the ID—from funding community organizations to increasing law enforcement visibility. Others described a harrowing federal grant process that felt incongruous with the level to which federal law enforcement relies on their organizations. All participants emphasized the importance of building authentic relationships between law enforcement and the community.
John Bulten and Will Williams described how fentanyl changed the violent crime landscape. “I’ve seen how quickly and aggressively . . . fentanyl took over and just it's deteriorating these people out here and it's causing a lot of the violence,” said Williams. “If fentanyl isn't made like a public health emergency,” Williams added, “everything we're talking about now is going to be ten times worse five years from now.”
Sachi Watase highlighted the importance of building trust in the Pan-Asian community. Following an arrest, she said, the “tension does not disappear.” Watase described how language barriers, a lack of cultural competency, and a reactive approach to enforcement stand in the way of authentic relationships with the Asian community in New Mexico. Watase also expressed frustration with the federal grant process. She described the heavy reliance of federal law enforcement on NMAFC for translation, intelligence, and community connection and contrasted it against the onerous process of seeking federal grants. “It is too much for us to constantly have to . . . go through a competitive process when we're the only ones who are doing this and [federal law enforcement] need us to do it.” said Sachi Watase. “We know that these [federal law enforcement] entities trust us and that we're doing a good job because they're the ones who are asking us to do this.”
All participants stressed the importance of authentic investment in the ID. Khadijah Asili Bottom stated that, “[I]t'll take time . . . to get the trust of the community. So, I think that’s a cool thing to start having and being visible at community functions.” Williams complemented Albuquerque Community Safety’s Violence Intervention Program, describing community walks as a critical way to achieve a positive police presence and avoid over-policing.
This was the first in a series of listening sessions USA Uballez will convene in the coming months as part of the Department of Justice’s Project Safe Neighborhoods Program. USA Uballez will meet with community leaders from the Westgate community, service providers for the unhoused, social justice advocates, addiction and treatment service providers, and families impacted by violent crime. These sessions are an opportunity for the USA, federal prosecutors, and USAO staff to recognize the vital role that these leaders, providers and advocates play in our community.
PSN is an evidence-based program proven effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. In New Mexico, the United States Attorney’s Office pursues a community violence intervention approach. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally-based intervention, prevention, and reentry programs for lasting reductions in crime.
PSN programs are led by U.S. Attorneys’ Offices in collaboration with local public safety agencies and community organizations. The programs’ emphasis on community engagement, prevention and intervention measures, focused and strategic enforcement, and measurement and accountability has helped achieve overall reductions in violent crime, including gun homicides, in neighborhoods where PSN strategies have been implemented.
(left to right) AUSA Tom Aliberti, Sachi Watase, EAUSA Aja Brooks, Law Enforcement Coordinator Specialist Alyssa Skrepcinski, USA Uballez, FAUSA Holland Kastrin, AUSA Paul Mysliwiec, AUSA Kim Bell, AUSA David Hirsch, Khadijah Asili Bottom, Will Williams and AUSA Nora Williams.
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23-134
Readout from United States Attorney Alexander M.M. Uballez’s Violent Crime Listening Session with Community Leaders in the International DistrictRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, federal prosecutors, and other staff from the United States Attorney’s Office (USAO) met with representatives from organizations that serving Albuquerque’s International District (ID) last week at the International District Library to discuss violent crime. John Bulten, Co-Executive Director of East Central Ministries, Sachi Watase, Executive Director of the New Mexico Asian Family Center (NMAFC), Khadijah Asili Bottom, the founder of Vizionz-Sankofa, and Will Williams, a community coordinator from Vizionz-Sankofa, presented statements. This listening session focused on violent crime, community-based solutions, and the relationship between law enforcement and the community. This was the first of a series of listening sessions to be held throughout the Albuquerque this summer.
United States Attorney Uballez opened the session by asking how the Department of Justice could support the ID in confronting violence. Participants described the link between violence and fentanyl trafficking, use, and addiction, and the need for additional resources in the ID—from funding community organizations to increasing law enforcement visibility. Others described a harrowing federal grant process that felt incongruous with the level to which federal law enforcement relies on their organizations. All participants emphasized the importance of building authentic relationships between law enforcement and the community.
John Bulten and Will Williams described how fentanyl changed the violent crime landscape. “I’ve seen how quickly and aggressively . . . fentanyl took over and just it's deteriorating these people out here and it's causing a lot of the violence,” said Williams. “If fentanyl isn't made like a public health emergency,” Williams added, “everything we're talking about now is going to be ten times worse five years from now.”
Sachi Watase highlighted the importance of building trust in the Pan-Asian community. Following an arrest, she said, the “tension does not disappear.” Watase described how language barriers, a lack of cultural competency, and a reactive approach to enforcement stand in the way of authentic relationships with the Asian community in New Mexico. Watase also expressed frustration with the federal grant process. She described the heavy reliance of federal law enforcement on NMAFC for translation, intelligence, and community connection and contrasted it against the onerous process of seeking federal grants. “It is too much for us to constantly have to . . . go through a competitive process when we're the only ones who are doing this and [federal law enforcement] need us to do it.” said Sachi Watase. “We know that these [federal law enforcement] entities trust us and that we're doing a good job because they're the ones who are asking us to do this.”
All participants stressed the importance of authentic investment in the ID. Khadijah Asili Bottom stated that, “[I]t'll take time . . . to get the trust of the community. So, I think that’s a cool thing to start having and being visible at community functions.” Williams complemented Albuquerque Community Safety’s Violence Intervention Program, describing community walks as a critical way to achieve a positive police presence and avoid over-policing.
This was the first in a series of listening sessions USA Uballez will convene in the coming months as part of the Department of Justice’s Project Safe Neighborhoods Program. USA Uballez will meet with community leaders from the Westgate community, service providers for the unhoused, social justice advocates, addiction and treatment service providers, and families impacted by violent crime. These sessions are an opportunity for the USA, federal prosecutors, and USAO staff to recognize the vital role that these leaders, providers and advocates play in our community.
PSN is an evidence-based program proven effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. In New Mexico, the United States Attorney’s Office pursues a community violence intervention approach. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally-based intervention, prevention, and reentry programs for lasting reductions in crime.
PSN programs are led by U.S. Attorneys’ Offices in collaboration with local public safety agencies and community organizations. The programs’ emphasis on community engagement, prevention and intervention measures, focused and strategic enforcement, and measurement and accountability has helped achieve overall reductions in violent crime, including gun homicides, in neighborhoods where PSN strategies have been implemented.
(left to right) AUSA Tom Aliberti, Sachi Watase, EAUSA Aja Brooks, Law Enforcement Coordinator Specialist Alyssa Skrepcinski, USA Uballez, FAUSA Holland Kastrin, AUSA Paul Mysliwiec, AUSA Kim Bell, AUSA David Hirsch, Khadijah Asili Bottom, Will Williams and AUSA Nora Williams.
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23-134
Bosque Farms Man Charged with AssaultRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Daniel Vincent Olguin was arraigned on an indictment charging him with assault resulting in serious bodily injury, domestic assault by a habitual offender, and being a felon in possession of ammunition. Olguin, 36, of Bosque Farms, and an enrolled member of the Pueblo of Isleta, will remain in custody pending trial, which has not been scheduled.
A federal grand jury indicted Olguin on May 24. According to the indictment and other court records, on Aug. 9, 2022, Olguin assaulted his intimate partner, Jane Doe. As a result of the assault, Doe was diagnosed with a concussion.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Olguin faces up to 15 years in prison.
The Isleta Police Department investigated this case. Assistant United States Attorney Robert James Booth II is prosecuting the case.
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23-133
Fugitive Extradited from Hungary to the United States to Face Fraud ChargesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Uchenna Christian Nlemchi made his initial appearance in federal court in Albuquerque, New Mexico on June 7 after being extradited from Hungary on an indictment charging him with conspiracy, 13 counts of wire fraud, 12 counts of money laundering, aggravated identify theft, and conspiracy to commit money laundering. Nlemchi, 31, a Nigerian national, will remain in custody pending trial, which has not been scheduled.
A federal grand jury indicted Nlemchi on May 24, 2017. According to the indictment, Nlemchi and his co-conspirators registered with online dating websites to initiate romantic relationships with victims for the purpose of tricking those individuals into transferring money to them by way of false and fraudulent pretenses, representations and promises. Simultaneously, the co-conspirators used phishing emails and malware to collect other victims’ email account names and passwords. They used this information to spy on email correspondence to identify upcoming financial transactions in order to divert and steal said funds and transfer them to bank accounts controlled by Nlemchi.
Nlemchi was arrested on these charges in June of 2017 and released on conditions pending trial. In Oct. of 2017, Nlemchi violated the conditions of his release, and an arrest warrant was issued. At that time, Nlemchi fled the country and was believed to have returned to his native Nigeria. The FBI pursued Nlemchi for five years before locating him in Hungary. Nlemchi was extradited to the United States and arrested on June 6, 2023. Nlemchi will remain in custody pending trial, which has not been scheduled.
The Albuquerque Division of the FBI investigated this case with assistance from the Albuquerque Police Department during the extradition process. Assistant U.S. Attorney Jeremy Peña is prosecuting the case.
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Fugitive Extradited from Hungary to the United States to Face Fraud ChargesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Uchenna Christian Nlemchi made his initial appearance in federal court in Albuquerque, New Mexico on June 7 after being extradited from Hungary on an indictment charging him with conspiracy, 13 counts of wire fraud, 12 counts of money laundering, aggravated identify theft, and conspiracy to commit money laundering. Nlemchi, 31, a Nigerian national, will remain in custody pending trial, which has not been scheduled.
A federal grand jury indicted Nlemchi on May 24, 2017. According to the indictment, Nlemchi and his co-conspirators registered with online dating websites to initiate romantic relationships with victims for the purpose of tricking those individuals into transferring money to them by way of false and fraudulent pretenses, representations and promises. Simultaneously, the co-conspirators used phishing emails and malware to collect other victims’ email account names and passwords. They used this information to spy on email correspondence to identify upcoming financial transactions in order to divert and steal said funds and transfer them to bank accounts controlled by Nlemchi.
Nlemchi was arrested on these charges in June of 2017 and released on conditions pending trial. In Oct. of 2017, Nlemchi violated the conditions of his release, and an arrest warrant was issued. At that time, Nlemchi fled the country and was believed to have returned to his native Nigeria. The FBI pursued Nlemchi for five years before locating him in Hungary. Nlemchi was extradited to the United States and arrested on June 6, 2023.
The Albuquerque Division of the FBI investigated this case with assistance from the Albuquerque Police Department during the extradition process. Assistant U.S. Attorney Jeremy Peña is prosecuting the case.
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Navajo Man Sentenced to 17 Years for Voluntary ManslaughterRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Brian Tony was sentenced to 17 years and 6 months in prison. A federal jury convicted Tony, 51, of Gallup, and an enrolled member of the Navajo Nation, of voluntary manslaughter on March 10, 2022.
According to court records, on May 8, 2016, Tony, accompanied by his brother and his girlfriend, drove to a residence in Gallup and picked up the victim and the victim’s friend. While at the residence, Tony retrieved a hammer and placed it in his vehicle. Tony drove them to a location called “Superman Canyon,” where Tony and the victim got out of the vehicle and the victim was killed out of sight of the other passengers. An autopsy revealed that the victim had been stabbed repeatedly in the head and neck and had blunt-force trauma wounds on his head.
This case was investigated by the Gallup Resident Agency of the FBI Albuquerque Field Office and the Navajo Nation Division of Public Safety. Assistant United States Attorneys Joseph M. Spindle and Nicholas J. Marshall are prosecuting the case.
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23-131
Dulce Man Pleads Guilty to Sexual Abuse in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Christian Quintana, 34, of Dulce, pled guilty to abusive sexual contact and aggravated sexual abuse in Indian country.
A federal grand jury indicted Quintana on Oct. 26, 2021. According to the plea agreement and other court records, between Oct. 2012, and Oct. 2013, Quintana engaged in sexual contact with a child, identified as Jane Doe 1, who at the time was less than 12 years old.
Between Oct. 2019, and Oct. 2020, Quintana engaged in a sexual act with a second victim, a minor identified as Jane Doe 2, by force, and threatened to kill “everyone” and himself if she told anyone. Based on her knowledge of Quintana’s history of violence, Jane Doe 2 complied.
Both victims are enrolled members of the Jicarilla Apache Tribe.
Quintana will remain in custody pending sentencing, which has not been scheduled. At sentencing, Quintana faces between 15 and 25 years in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Jicarilla Apache Police Department. Assistant United States Attorney Matthew J. McGinley is prosecuting the case.
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23-130
Member of Navajo Nation Sentenced to 120 Months for Assault with a Dangerous Weapon in Indian CountryRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Raydell Billy was sentenced to 90 months in prison for assault with a dangerous weapon in Indian Country and 30 months for violating prior terms of supervised release, with the sentences to run consecutively for a total of 120 months in prison. Billy, 32, of Shiprock, New Mexico, and an enrolled member of the Navajo Nation, was found guilty of the charge on March 8, 2023, by a federal jury sitting in Albuquerque, New Mexico following a one and a half-day trial. United States District Judge Kea W. Riggs presided.
During the trial, the jury heard evidence that victim John Doe was at his girlfriend’s home with her young child in Shiprock, New Mexico on the evening of April 11, 2022, when Defendant Raydell Billy and two others burst into their home and attacked him. The home is located within the exterior boundaries of the Navajo Nation.
John Doe’s girlfriend testified that on that evening, Raynorma Billy knocked on the door, and the girlfriend opened the door to let Raynorma in. Immediately after, Raynorma Billy, Raydell Billy, and Alvin White barged their way through, rushed down the hallway of the home, and found John Doe lying down in the bedroom, where they immediately attacked him. His girlfriend further testified that she had been in the hallway struggling with Raynorma Billy when she heard a gunshot and ran into the bedroom to see a gun in Raydell Billy’s hands. White, who participated in the attack, testified that he and Raydell Billy attacked John Doe with the intent to commit bodily harm. He testified that they both hit John Doe and that he also heard the gunshot, which came from over his shoulder, and that Raydell Billy was the only person in the room and was the shooter. Finally, a Navajo Nation criminal investigator testified about finding a bullet hole in the bedroom’s mattress and box spring, and that he collected a bullet fragment as evidence from underneath the bed. The bullet hole’s point of impact was right in front of where John Doe had been standing when the shot was fired. The criminal investigator further testified that John Doe’s car, which was parked outside the home, suffered damage from multiple gunshots and that its windows had been smashed in.
John Doe, who said he tries to forget about that day, testified about the attack and his fear that he would be shot. He said he was attacked in the bedroom by all three defendants and that it was Raydell Billy who held him at gunpoint with a handgun. John Doe further testified that Raydell Billy fired the gun in his direction. At one point, Raydell Billy began hitting him in the back of the head with the gun.
Raydell Billy, Raynorma Billy, and Alvin White were indicted on May 25, 2022, for the assault. White pleaded guilty and entered into an agreement with the government on February 1, 2023, admitting that he and Raydell Billy assaulted John Doe with a handgun and their fists and that Raydell Billy fired a round from the handgun into the bed. He also agreed to cooperate and provided testimony in the now-concluded trial. A superseding indictment was filed against Raydell Billy and Raynorma Billy on February 22, 2023. Raynorma Billy pleaded guilty on February 28, 2023, to being a conspirator, admitting that she, Raydell Billy, and Alvin White discussed and agreed to assault John Doe.
This case was investigated by the Farmington office of the Federal Bureau Investigation and by Navajo Nation Office of Criminal Investigations. It was prosecuted by Assistant U.S. Attorneys Alexander F. Flores and Matthew J. McGinley.
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Isleta Pueblo Man Charged with Two Counts of AssaultRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Ryan Jacob Garcia was arraigned on an indictment charging him with assault with a dangerous weapon and assault resulting in serious bodily injury. Garcia, 28, of Isleta and an enrolled member of the Isleta Pueblo, will remain on conditions of release pending trial, which has not been scheduled.
A federal grand jury indicted Garcia on May 24, 2023. According to the indictment and other court records, on December 23, 2022, Isleta Police Department officers responded to an alert of a drunk driver entering the Isleta Pueblo reservation. Officers located that car at a residence within the exterior boundaries of the Isleta Pueblo. Family members had already detained the driver, identified as Garcia, who was intoxicated, belligerent, and physically aggressive. Officers detained Garcia and began to move him towards a police truck, at which point Garcia bit an Isleta Police Department officer on the shoulder, through the officer’s long-sleeved shirt. The officer worked through the pain to detain Garcia but had to seek medical intervention for his injury immediately afterwards.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Garcia faces up to 10 years in prison.
The Isleta Police Department investigated this case. Assistant United States Attorney Zachary C. Jones is prosecuting the case.
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Jose Trujillo, Co-Defendant of Solomon Peña, Detained Pending TrialRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Jose Louise Trujillo was arraigned on an indictment charging him with: conspiracy, four counts of interference with federally protected activities, four counts of using and carrying a firearm during and in relation to a crime of violence, possession with intent to distribute 40 grams and more of fentanyl, and using and carrying a firearm during and in relation to a drug trafficking crime. Trujillo, 22, will remain in custody pending trial, which has not been scheduled.
A federal grand jury indicted Trujillo on May 24 along with Solomon Peña and Demetrio Trujillo. According to the indictment, Peña ran for District 14 of the New Mexico House of Representatives during the November 2022 mid-term elections. Following his electoral defeat in November 2022, Peña allegedly organized the shootings on the homes of two Bernalillo County commissioners and two New Mexico state legislators. The shootings were carried out between Dec. 4, 2022, and Jan. 3, 2023, with assistance from Trujillo.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Trujillo faces up to life in prison.
Solomon Peña, 40, is scheduled for arraignment and a detention hearing on June 9. If convicted, Peña faces up to life in prison.
Demetrio Trujillo, 41, is scheduled for arraignment and a detention hearing on June 13. If convicted, Demetrio faces life in prison.
The FBI Albuquerque Field Office investigated this case with the Albuquerque Police Department and the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Senior Litigation Counsel Victor R. Salgado of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys Jeremy Peña and Patrick E. Cordova for the District of New Mexico are prosecuting the case.
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23-126
Crownpoint Woman Ordered to Pay over Half a Million in Restitution to the Social Security AdministrationRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Marylynn Harry was sentenced to 5 years unsupervised probation and ordered to pay $551,436.00 in restitution to the Social Security Administration (SSA). Harry, 63, of Crownpoint, New Mexico, pleaded guilty on Feb. 8, 2023, to Social Security fraud, a felony offense under federal law.
According to the plea agreement and other court records, Harry’s father, Alfred Becenti, passed away in October of 1996. At the time of his death, Becenti was receiving Retirement Insurance Benefits payments from SSA. Following her father’s death, Harry made herself the co-owner of the bank account the payments were deposited into and obtained numerous debit cards linked to account. She concealed and did not notify SSA or the bank of her father’s death and continually made use of the deposited funds. Over the course of twenty-five years, Harry fraudulently collected $551,436.00. When agents from SSA Office of the Inspector General confronted her, Harry quickly admitted wrongdoing.
The SSA Office of the Inspector General investigated this case. Assistant United States Attorney Patrick E. Cordova prosecuted the case.
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Navajo Man Sentenced to Eight Years for Voluntary ManslaughterRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Jameson Begaye was sentenced to 97 months in prison. Begaye, 44, of Shiprock, and an enrolled member of the Navajo Nation, pleaded guilty on August 26, 2022, to voluntary manslaughter.
According to the plea agreement and court records, on March 7, 2021, in Shiprock, New Mexico, Begaye killed K.B. by shooting him in the chest, abdomen, and pelvis as Begaye was trying to forcefully enter the home of K.B.’s daughter, who was also Begaye’s ex-girlfriend. After shooting and killing K.B., Begaye fled the scene. Officers from the Navajo Nation Police Department were unable to locate Begaye that night but spotted his car outside Shiprock the following day. Begaye again fled from officers. During the ensuing high-speed pursuit, which reached speeds of 112 miles per hour, officers saw Begaye throw an object from the window of his car. Begaye also fired multiple gunshots from the car toward the officers. One round struck an officer’s windshield. Begaye eventually stopped and was arrested. When officers searched the roadway near the area police observed something being thrown from the car, they located the handgun used to kill K.B.
Upon his release from prison, Begaye faces three years of supervised release.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Criminal Investigation. Assistant United States Attorney Zachary C. Jones prosecuted the case.
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Fruitland Man Sentenced to Two Years for Involuntary ManslaughterRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Vern A. Anderson was sentenced to 24 months in prison. Anderson, 40, of Fruitland, and an enrolled member of the Navajo Nation, pleaded guilty on May 17, 2022, to involuntary manslaughter.
According to the plea agreement and court records, on Sept. 26, 2021, after hours of drinking together, Anderson got into a physical altercation with his brother, identified as John Doe in court documents, at a residence in Nenahnezad, New Mexico. Anderson stabbed his brother in the back, chest, and head a total of five times. John Doe suffered multiple defensive wounds on his hands and arms in the violent attack and succumbed to his injuries at the scene.
Upon his release from prison, Anderson faces three years of supervised release.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Criminal Investigation. Assistant United States Attorney Alexander F. Flores prosecuted the case.
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23-124
Shiprock Woman Charged with Second-Degree Murder in Death of DaughterRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Maylene John was arraigned on an indictment charging her with second degree murder. John, 33, of Shiprock, and an enrolled member of the Navajo Nation, will remain in custody pending trial, which has not been scheduled.
A federal grand jury indicted John on May 24. According to the indictment and other court records, on Oct. 24, 2022, John allegedly stabbed her 7-year-old daughter in the chest. John claimed not to know what precipitated the stabbing and that she “blacked out” after the incident.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, John faces up to life in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department. Assistant United States Attorney Caitlin L. Dillon is prosecuting the case.
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Navajo Man Charged with AssaultRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Harley Etcitty made an initial appearance in federal court on an indictment charging him with assault with a dangerous weapon and assault resulting in serious bodily injury. Etcitty, 19, an enrolled member of the Navajo Nation, will remain in custody pending a detention hearing scheduled for June 6, 2023.
According to the indictment, on Oct. 9, 2022, in Shiprock, Etcitty assaulted two victims, identified as John Doe 1 and John Doe 2 in the indictment, with a knife. John Doe 1 was seriously injured and had to be transferred to Flagstaff for a higher level of care. John Doe 2 received multiple lacerations which required sutures.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Etcitty faces a minimum of 10 years in prison.
FBI Farmington Agency investigated this case with assistance from the Navajo Police Department. Assistant United States Attorney Matthew J. McGinley is prosecuting the case.
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9 Indicted in Joint Task Force Alpha Investigation as Part of Takedown of Migrant Smuggling OrganizationRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Francisco B. Burrola, Special Agent in Charge of Homeland Security Investigations El Paso, announced today that the indictment against 9 alleged human smugglers was unsealed.
A federal grand jury indicted all 9 defendants on May 18, 2023. According to the indictment and other court records, Jose Luis Avalos, aka “El Gordo,” 40, of El Paso, Texas, allegedly led the human smuggling operation. Avalos and his wife, Kristina Hardin, 41, of El Paso, Texas, were arrested in El Paso on June 1, 2023, and detention hearings are set on June 7, 2023 to determine whether they will remain in custody pending trial, which has not been scheduled. If convicted, Avalos and Hardin each face 20 years in prison.
Avalos’ brother, David Avalos-Solis, 48, of Chaparral, New Mexico, was arrested on May 24, 2023, and will remain in custody pending trial, which has not been scheduled. If convicted, Avalos-Solis faces 10 years in prison.
Nancy Orellana-Recinos, 37, of Rio Rancho, New Mexico, and a citizen of Guatemala, was arrested in Rio Rancho, New Mexico on June 1, 2023, and will remain in custody pending trial, which has not been scheduled. If convicted, Orellana-Recinos faces 20 years in prison and will be subject to deportation.
Dario Rey Gamboa, 19, and his twin brother Diego Rean Gamboa, aka “Sunny,” 19, both of Las Cruces, New Mexico, were arrested on May 23, 2023, and June 1, 2023, respectively. Dario Rey Gamboa was released on conditions, and Diego Rean Gamboa is pending a detention hearing to determine whether he will remain in custody pending trial, which has not been scheduled. If convicted, they each face 10 years in prison.
Cindy Marie Escobar, 42, of Lordsburg, New Mexico, was arrested on May 23, 2023, and is pending a detention hearing to determine whether she will remain in custody pending trial, which has not been scheduled. If convicted, Escobar faces 10 years in prison.
Justin Walker, 31, of Las Cruces, New Mexico was arrested on May 27, 2023, and will remain in custody pending trial, which has not been scheduled. If convicted, Walker faces 10 years in prison.
A warrant for the arrest of Adam Guerrero, 38 of Las Cruces, New Mexico has been issued.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty.
Attorney General Merrick B. Garland established Joint Task Force Alpha to marshal the investigative and prosecutorial resources of the Department of Justice, in partnership with the Department of Homeland Security (DHS), to enhance U.S. enforcement efforts against the most prolific and dangerous human smuggling and trafficking groups operating in Mexico, Guatemala, El Salvador, and Honduras. JTFA consists of federal prosecutors from border U.S. Attorney’s Offices, from the Criminal Division and the Civil Rights Division, along with law enforcement agents and analysts from HSI and CBP. The FBI and the Drug Enforcement Administration are also part of the task force, along with other interagency partners.
The U.S. Customs and Border Patrol and the U.S. Border Patrol investigated this case. Assistant United States Attorney Randy M. Castellano is prosecuting the case.
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Santo Domingo Man Charged with Sexual Abuse of Minor, Receipt of Child PornographyRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Jordian Pacheco was arraigned on an indictment charging him with sexual abuse of a minor and receipt of child pornography. Pacheco, 32, of Santo Domingo Pueblo, and an enrolled member of the Pueblo of Santo Domingo, will remain in custody pending trial, which has not been scheduled.
A federal grand jury indicted Pacheco on May 24. According to the indictment and other court records, on Jan. 10, 2021, officers from the Navajo Police Department (NPD) responded to a call from a woman reporting that a man was hiding in the closet of her minor daughter, identified in court records as Jane Doe. When officers arrived at the residence, they located Pacheco. He provided officers with the name “Scott Nieto” and told them he was 18-years old and his mother had dropped him off at Jane Doe’s home. Pacheco was detained and transported to Window Rock Adult Detention Center.
NPD officers located an unknown vehicle outside Jane Doe’s residence and towed it. When they ran the plates, it came back as belonging to Pacheco. Officers spoke to Pacheco again who confirmed that he had given them false identification. Pacheco told NPD officers that he had met Jane Doe on Tik Tok a year before and that he knew she was a minor. During the interview Pacheco claimed to have lost his phone. Upon his release from Window Rock Adult Detention Center on Jan. 11, 2021, Pacheco gained access to his vehicle to retrieve his cellphone, however NPD intercepted him and seized his phone and 8 other devices located in the vehicle. NPS obtained a search warrant for the devices and extracted information which included sexually explicit conversations with and photos of Jane Doe, as well as other minors. Based on the evidence, the FBI expanded their search for additional minor victims of Pacheco who he contacted through social media between 2014 and 2018.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Pacheco faces up to 20 years in prison.
The FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department. Assistant United States Attorney Caitlin L. Dillon is prosecuting the case.
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Navajo Man Charged with Assault, Firearms OffensesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Tyrell Willie was ordered detained after he appeared at a preliminary and detention hearing before a U.S. Magistrate Judge on a criminal complaint charging him with assault with a dangerous weapon, assault resulting in serious bodily injury, and the use of a firearm in furtherance of a crime of violence. Willie, 37, is an enrolled member of the Navajo Nation.
According to the criminal complaint, on May 28, 2023, in Shiprock, Willie allegedly drove to the home of a woman he had met on Facebook approximately two weeks before. When he arrived, the woman, identified as Jane Doe in court documents, came out of the residence and sat in the passenger side of Willie’s truck. After a short discussion, Willie allegedly became upset for an unknown reason, got out of his truck, walked to the passenger side, opened the door, and tried to throw Jane Doe out of the truck. Doe threatened to scream if Willie did not let her go, which he did not, so Doe screamed. Doe’s son, identified as John Doe in court records, came out of the residence, grabbed Willie, and threw him to the ground. Jane Doe got out of the truck and Willie got back up, got back into the truck, then drove away, hitting Jane Doe’s and her neighbor’s fence in the process.
Jane Doe believed that she observed Willie circling the block twice before he left. About thirty minutes later, John Doe thought he heard the truck approaching, so he went outside. While he was outside, Jane Doe saw Willie’s truck pull up slowly with the lights off. Jane Doe heard gunshots and John Doe yelled. When Jane Doe walked outside, John Doe was holding his midsection. Almost immediately, Jane Doe was able to flag down two marked police officers from the Navajo Police Department and told them what had happened. The officers had been responding to multiple calls reporting a truck driving erratically and causing property damage in the area, had heard the gunshots and had seen Willie’s truck drive by them. One officer pursued Willie while the second transported John Doe to the hospital.
The pursuing officers located Willie’s truck stalled on the road and initiated a high-risk stop. Willie stepped out of the truck holding a shotgun. After being given commands to drop the gun, Willie slid the shotgun under the truck. The shotgun was loaded with four shells.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Willie faces a minimum of ten years in prison.
FBI Farmington Agency investigated this case with assistance from the Navajo Police Department. Assistant United States Attorney Matthew J. McGinley is prosecuting the case.
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Three Albuquerque Men Charged for Shootings Targeting the Residences of Elected OfficialsRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, Kenneth A. Polite, Jr., Assistant Attorney General of the Justice Department’s Criminal Division, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that an indictment was unsealed today charging Solomon Peña and his accomplices, Demetrio Trujillo and Jose Trujillo, for a shooting spree targeting the homes of four elected officials. A federal grand jury indicted all three defendants on May 24, 2023.
Solomon Peña, 40, is charged with conspiracy, four counts of interference with federally protected activities, and four counts of using and carrying a firearm during and in relation to a crime of violence. If convicted, Peña faces up to life in prison. Peña is currently in state custody on related charges.
Jose Trujillo, 22, is charged with conspiracy, four counts of interference with federally protected activities, and four counts of using and carrying a firearm during and in relation to a crime of violence, possession with intent to distribute 40 grams and more of fentanyl and using and carrying a firearm during and in relation to a drug trafficking crime. An arraignment hearing is scheduled for June 8. If convicted, Jose faces up to life in prison.
Demetrio Trujillo, 41, is charged with conspiracy, four counts of interference with federally protected activities, and four counts of using and carrying a firearm during and in relation to a crime of violence. An initial appearance has been scheduled for June 1. If convicted, Demetrio faces up to life in prison.
According to the indictment, Peña ran for District 14 of the New Mexico House of Representatives during the November 2022 mid-term elections. Following his electoral defeat in November 2022, Peña allegedly organized the shootings on the homes of two Bernalillo County commissioners and two New Mexico state legislators. The shootings were carried out between Dec. 4, 2022, and Jan. 3, with assistance from his co-defendants.
“In America, the integrity of our voting system is sacrosanct,” said U.S. Attorney Alexander M.M. Uballez. “These charges strike at the heart of our democracy. Voters, candidates and election officials must be free to exercise their rights and do their jobs safely and free from fear, intimidation or influence, and with confidence that law enforcement and prosecuting offices will lead the charge when someone tries to silence the will of the people. To those who try to sow division, chaos, and fear into our democratic process, these charges should send a message that we are unified, organized, and undaunted.”
“There is no room in our democracy for politically motivated violence, especially when it is used to undermine election results,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “As alleged, Solomon Peña orchestrated four shootings at the homes of elected officials, in part because of their refusal to overturn his election defeat. Such violent actions target not only the homes and families of elected officials, but also our election system as a whole. The department will not hesitate to hold individuals accountable for acts of politically motivated violence.”
"Solomon Pena and the other defendants carried out the hatred in their hearts by targeting a group of the community’s public officials.” said Raul Bujanda, FBI Special Agent in Charge. “These charges illustrate that the FBI will relentlessly work with our law enforcement partners to actively investigate and pursue prosecution of those individuals who threaten and harm our elected officials.”
“APD worked tirelessly with our federal partners to bring those responsible for these heinous crimes to justice,” said Chief Harold Medina. “Thankfully no one was physically harmed by these politically motivated shootings, but I hope these indictments bring some sense of relief to all those impacted, through the emotional toll they’ve had to endure.”
“ATF is dedicated to combatting the senseless firearm violence that plagues our nation,” said Brendan Iber, Special Agent in Charge of ATF’s Phoenix Field Division. “We will always work with our law enforcement partners to identify and remove those violent offenders from our communities.”
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty.
The FBI Albuquerque Field Office investigated this case with the Albuquerque Police Department and the assistant of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Senior Litigation Counsel Victor R. Salgado of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys Jeremy Peña and Patrick E. Cordova for the District of New Mexico are prosecuting the case.
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Navajo Man Charged with Firearms OffensesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Nathaniel Begay made an initial appearance in federal court on an indictment charging him with assault with a dangerous weapon and using a firearm during and in relation to a crime of violence. Begay, 29, an enrolled member of the Navajo Nation, will remain in custody pending a detention hearing scheduled for June 1.
According to the indictment, on April 28, 2022, using two handguns, Begay shot multiple rounds at three adult individuals and five juveniles with the intent to cause bodily harm.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Begay faces up to life in prison.
FBI Farmington Agency investigated this case with assistance from the Navajo Police Department and Farmington Police Department. Assistant United States Attorney Matthew J. McGinley is prosecuting the case.
Former New Mexico House of Representatives Candidate Charged for Shooting SpreeRead the Press Release
An indictment was unsealed today in the District of New Mexico charging a former candidate for the New Mexico House of Representatives for a shooting spree targeting the homes of four elected officials.
According to court documents, Solomon Peña, 40, ran for District 14 of the New Mexico House of Representatives during the November 2022 mid-term elections. After his November 2022 electoral defeat, Peña allegedly organized the shootings on the homes of two Bernalillo County commissioners and two New Mexico state legislators. The shootings, one of which involved a machine gun, were carried out between Dec. 4, 2022, and Jan. 3, with assistance from co-conspirators Demetrio Trujillo, 41; Jose Trujillo, 22; and others.
Before the shootings, Peña visited the homes of at least three Bernalillo County commissioners and allegedly urged them not to certify the election results, claiming that the election had been “rigged” against him. Following the Bernalillo County board of commissioners’ certification of the vote, Peña allegedly hired others to conduct the shootings and carried out at least one of the shootings himself. At least three of the shootings occurred while children and other relatives of the victims were at home.
“There is no room in our democracy for politically motivated violence, especially when it is used to undermine election results,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “As alleged, Solomon Peña orchestrated four shootings at the homes of elected officials, in part because of their refusal to overturn his election defeat. Such violent actions target not only the homes and families of elected officials, but also our election system as a whole. The department will not hesitate to hold individuals accountable for acts of politically motivated violence.”
“In America, the integrity of our voting system is sacrosanct,” said U.S. Attorney Alexander M.M. Uballez for the District of New Mexico. “These charges strike at the heart of our democracy. Voters, candidates, and election officials must be free to exercise their rights and do their jobs safely and free from fear, intimidation, or influence, and with confidence that law enforcement and prosecuting offices will lead the charge when someone tries to silence the will of the people. To those who try to sow division, chaos, and fear into our democratic process, these charges should send a message that we are unified, organized, and undaunted.”
“The FBI and our partners are committed to ensuring violent crime investigations remain a priority,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “We will continue to pursue justice in cases like these in the name of safety for the American people.”
Peña, Demetrio Trujillo, and Jose Trujillo are charged with conspiracy, interference with federally protected activities, and several firearms offenses, including the use of a machine gun. If convicted, Peña faces a mandatory minimum of 60 years in prison. Jose Trujillo was also charged with possession with intent to distribute fentanyl and firearms offenses, including possession of a machine gun.
The FBI and the Albuquerque Police Department investigated the case.
Senior Litigation Counsel Victor R. Salgado of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys Jeremy Peña and Patrick E. Cordova for the District of New Mexico are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Previously convicted felon sentenced to 37 months in prison for firearms chargeRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Lionel Vallo was sentenced to 37 months in prison. Vallo, 39, of Albuquerque, pleaded guilty on Nov. 14, 2022 to being a felon in possession of firearms and ammunition and failure to update his sex offender registration.
According to the plea agreement and other court records, Vallo, who previously was convicted of aggravated sexual abuse in Indian Country in 2003, failed to update his sex offender registration after moving to a new address in Albuquerque. Vallo also failed to update his quarterly registration on July 1, 2020.
On July 26, 2022, in Albuquerque, members of the U.S. Marshals Service (USMS) Southwest Investigative Fugitive Team (SWIFT) Task Force initiated a traffic stop on Vallo, who was subject to an arrest warrant for absconding from supervised release. Vallo did not stop immediately, and once stopped, initially was non-compliant with commands to exit the vehicle. After Vallo eventually exited the vehicle and was taken into custody, SWIFT members located loaded firearms in the vehicle.
Upon his release from prison, Vallo will be subject to 10 years of supervised release.
Homeland Security Investigations (HSI) and the U.S. Marshals Service investigated this case. Assistant United States Attorneys Nicholas Marshall and Matthew McGinley are prosecuting the case.
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